prohibiting write in candidates and nominations from the floor

[Sew What]

I am on the board of a nonprofit membership organization where chapter presidents are the voting members. We have always been told that write in candidates and nominations from the floor are not allowed during the annual election of board members (directors) and during chapter elections.  So I checked the bylaws to find that wording.  It says " The nominating committee shall nominate Director candidates who meet the qualifications for Directors and who have submitted an application and information as requested by the nominating committee. No other candidates shall be submitted for a vote." The election takes place at the annual meeting.

Those who submit applications go thru a vetting process and not all make it thru to run for the board. The nominating committee of 3 is chosen by the board chair and usually has at least 1 current board member who is not up for election as nominating chair. Then there is a vetting committee chosen by that same board member. This is the directions and process for the national board.  There is not similar wording in the section on chapter elections.

First, is that wording enough -"no other candidates shall be submitted for a vote" -to forbid write ins and nominations from the floor? or should that be specifically mentioned in the bylaws?  I am wondering what to do if a member makes a motion to nominate a candidate during the annual meeting. Is that 1 sentence enough to refuse them? And is it fair to prohibit them?  The exec claims that anyone who runs must be vetted and it's not fair if spur of the moment candidates don't get vetted.

Secondly, how do we keep this from being a bit incestuous? Because the board is choosing it's own candidates, it often chooses members who support its agenda. Consequently, there is very little change in the organization. Also many times there is really not an election- if there is 1 opening, they will just nominate 1 candidate. Voting members complain about not having a choice. But those voting members have no say in the nominations process. So how do we keep this board from being an exclusive closed group? 

I am asking because I am the chair of the revision committee for the policies and bylaws. I am willing to revise as needed. I just want to know where we stand with Robert's before I attempt this.  Thanks!

[Richard Brown]

It is ultimately up to your organization to interpret its own bylaws. However, the way I interpret the quoted provision from your bylaws, when read in conjunction with RONR,  the quoted provision from your bylaws does not prevent nominations from the floor or write-in candidates. In order to accomplish that objective, I think the language would have to be much more explicit. 

If RONR is your parliamentary authority, it is very specific that nominations from the floor and write-in candidates (when there is a ballot vote) must be permitted unless expressly prohibited by the bylaws. I don't think you're quoted language accomplishes that.

Edited to add: I think the bylaw provision which says "no other candidates shall be submitted for a vote" is meant to apply to the nominating committee.

Edited March 5, 2018 at 05:23 AM by Richard Brown
Added last paragraph

[J. J.]

7 hours ago, Richard Brown said:

It is ultimately up to your organization to interpret its own bylaws. However, the way I interpret the quoted provision from your bylaws, when read in conjunction with RONR,  the quoted provision from your bylaws does not prevent nominations from the floor or write-in candidates. In order to accomplish that objective, I think the language would have to be much more explicit. 

If RONR is your parliamentary authority, it is very specific that nominations from the floor and write-in candidates (when there is a ballot vote) must be permitted unless expressly prohibited by the bylaws. I don't think you're quoted language accomplishes that.

Edited to add: I think the bylaw provision which says "no other candidates shall be submitted for a vote" is meant to apply to the nominating committee.

In part, I must disagree with my colleague.  I agree with him on two points, however.

The clause reads, " The nominating committee shall nominate Director candidates who meet the qualifications for Directors and who have submitted an application and information as requested by the nominating committee. No other candidates shall be submitted for a vote."   Emphasis added.  A nomination is, in essence, is the submission of a name to be elected to a specific position (p. 430, ll. 1-10).  Taken at its face value, and in isolation, no candidate, except for those nominated by the committee, can be "submitted," i.e. nominated.

The first point of agreement is that this is a question of bylaw interpretation.  There could be other parts of the bylaws that would lead me to change that opinion.  The context may be much broader than the quote.

The second point of agreement is on write ins.  Nominations and elections are not the same thing.  A submission of a name to be elected to an office is different that casting votes for someone to fill that office.  A nomination is similar to a suggestion to fill a blank, it is the submission of the name of a candidate to fill a position.  To make that suggestion does not require a vote in the assembly.   RONR notes that in ballot or roll call elections, nominations need not be part of the process (p. 430, ll. 17-20).  RONR (p. 441-2) also notes that write-in votes in elections by ballot are permitted unless the bylaws say otherwise.; the ability to cast a write in vote is a right of membership.   This bylaw clause in no way curtails that right.

I would note that if the wording was slightly different, e.g. "No votes for other candidates shall be submitted," would be sufficient to prevent write-ins. 

[Gary Novosielski]

I agree that the language in question appears to be a restriction against nominations from the floor, or anywhere except the nominating committee.  But unless there is some other language somewhere, explicitly restricting write-in votes, members appear to retain the right to cast them, and the ballots should provide a place to write them.

Keep in mind that, except as concerns the rules in RONR, you should not take any of our responses as particularly authoritative.  Only the society itself can interpret its own bylaws, and none of us are members.  

[Josh Martin]

12 hours ago, Sew What said:

First, is that wording enough -"no other candidates shall be submitted for a vote" -to forbid write ins and nominations from the floor? or should that be specifically mentioned in the bylaws?  I am wondering what to do if a member makes a motion to nominate a candidate during the annual meeting. Is that 1 sentence enough to refuse them? And is it fair to prohibit them?  The exec claims that anyone who runs must be vetted and it's not fair if spur of the moment candidates don't get vetted.

I concur with J.J. and Mr. Novosielski that the rule does prohibit nominations from the floor, but not write-in votes.

I also think that the rule could be suspended.

12 hours ago, Sew What said:

Secondly, how do we keep this from being a bit incestuous? Because the board is choosing it's own candidates, it often chooses members who support its agenda. Consequently, there is very little change in the organization. Also many times there is really not an election- if there is 1 opening, they will just nominate 1 candidate. Voting members complain about not having a choice. But those voting members have no say in the nominations process. So how do we keep this board from being an exclusive closed group? 

Amend the bylaws to remove the rule in question.

[J. J.]

1 hour ago, Josh Martin said:

 

I also think that the rule could be suspended.

 

I think the rule could be suspended as well, unless there was some requirement for notice.  We don't know what else is in there. 

I will add that a member not nominated could make it be known that he would be willing to serve, if he is elected with write in votes.  I would say that it could be done even if there is a rule that required previous notice for nominations. 

Edited March 5, 2018 at 04:10 PM by J. J.

[Sew What]

Thanks for all the input.  This is just what I needed to hear. I write policies and regulations for school districts for my "real" job". Those are based in law, so I am not a RONR expert by any means.  But from my limited knowledge, I was suspicious about the wording.  I am not sure where I stand on no write ins or nominations from the floor. And I don't know that I want to take sides.  But I can also see how it adds to the feeling of the board being closed and exclusive. My group has some decisions to make. 

Thanks again.  You have been very helpful.

[J. J.]

18 hours ago, Sew What said:

Thanks for all the input.  This is just what I needed to hear. I write policies and regulations for school districts for my "real" job". Those are based in law, so I am not a RONR expert by any means.  But from my limited knowledge, I was suspicious about the wording.  I am not sure where I stand on no write ins or nominations from the floor. And I don't know that I want to take sides.  But I can also see how it adds to the feeling of the board being closed and exclusive. My group has some decisions to make. 

Thanks again.  You have been very helpful.

If you want tight language, I suggest striking, " No other candidates shall be submitted for a vote," and inserting, "Only persons nominated by the nominating committee shall be eligible for election as a Director."  If you have a section on qualifications, you might want to put it there.  This language would prevent write-in votes and nominations from the floor.  

This assumes two things:

A.  That there is no statute requiring you to count write in votes.

B.  That you want to eliminate write in votes and/or nominations from the floor. 

[Richard Brown]

53 minutes ago, J. J. said:

If you want tight language, I suggest striking, " No other candidates shall be submitted for a vote," and inserting, "Only persons nominated by the nominating committee shall be eligible for election as a Director."  If you have a section on qualifications, you might want to put it there.  This language would prevent write-in votes and nominations from the floor.  

This assumes two things:

A.  That there is no statute requiring you to count write in votes.

B.  That you want to eliminate write in votes and/or nominations from the floor. 

I concur with J.J.'s suggestion and urge you to pay particular attention to his suggested language that "Only persons nominated by the nominating committee shall be eligible for election as a Director".  Stating that only those nominated by the committee are ELIGIBLE for election sets forth an eligibility requirement and prevents the rule from being one that can be suspended.